Folks who were a confused about the Municipal process for adjudicating the City Clerk's Pay-to-Play complaint against Councilman-Elect Mike Defusco... you weren't alone.
We all saw that a summons was issued by the City Clerk:
At the same time, Councilman DeFusco claimed that he was never served, then somehow the complaint got bounced to Hudson County Superior Court for a determination of "Probable Cause."
Well, a layperson's review (mine) of the NJ Municipal Court Procedures Manual explains the process. It this is the correct rule, it appears that Hoboken's P2P Enforcement Officer was able to issue the summons prior to a finding of probable cause- which happened.
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| http://www.gannlaw.com/OnlineApp/dtSearch-Data/TextFiles/Municipal-Court/App-A.pdf |
But, a determination of probable cause that the alleged offense was committed is required in order to bring the complaint to municipal court. The determination of probable cause is made at a "probable cause hearing."
EARWITNESS NEWS
According to a Q-Tipster:
Hudson County Superior Court Judge Peter Bariso has not scheduled The City of Hoboken's probable cause hearing for it's P2P complaint against Councilman Mike DeFusco. Nor has the court decided whether attorneys will be allowed to argue, or the decision will be made "on the papers." If oral argument is allowed, it's not clear whether it would be an open or closed hearing. Sources with familiarity in the municipal court process tell GA that it can take one month for the probable cause hearing to be scheduled.
Whatever happens, this decision will be decisive for the City of Hoboken's ability to enforce it's own Pay-to-Play ordinance.
If probable cause is not found, would the City appeal the decision? If probable cause is found, will Councilman DeFusco appeal the decision?
GA's Two Cents: some seem more concerned with LEGAL contributions than those which allegedly VIOLATE Pay-to-Play law. You know who you are.
Stay tuned.
Now that Councilman DeFusco has become a potential adversary for other council members who may run for mayor it will interesting to watch the further splintering of the anti-Bhalla faction.
ReplyDeleteHope he wears a shirt to his pre-trial hearings
ReplyDeleteDeFuckup brought his best checkers to a game of 3D chess. He's so reviled, his downfall will be entertaining.
ReplyDeleteAcademy Bus according to public records, has already doled out significant cash contributions to some of the sitting City Council members. Will they moving forward do right thing and abstain from any further involvement regarding their development proposals or will there now be "quid pro quo ?"
ReplyDeleteIs there a link to "Academy Bus" donations? All I see is 1 individual who lives in the 4th Ward that works at Academy.
DeleteSimple answer is YES.
DeleteIf these charges made against MDF actually get fully investigated, I think it will help in making it clear that "play to play" is a very real problem in Hoboken and did not disappear with most of the old guard being voted off the City Council.
ReplyDelete